Bar Council of India Challenges Non-Legal Professionals' Right to Represent in Tribunals; Adjournment Granted for Further Submissions
In a pivotal legal debate, the Delhi High Court is examining the contentious issue of whether non-advocates, such as Chartered Accountants, Company Secretaries, and Cost Accountants, have the right to appear before Tribunals and represent clients. This matter was brought to the forefront in a case involving the Bar Council of India (BCI) against the Union of India (UOI).
The BCI has argued that under the Advocates Act, 1961, only individuals enrolled as Advocates are permitted to practice law before any Court, Tribunal, or authority. Sections 30, 33, and 45 of the Advocates Act emphasize that only enrolled Advocates can practice law, and unauthorized practice by non-enrolled individuals is penalized. Conversely, Section 432 of the Companies Act, 2013, allows certain professionals to represent clients before Tribunals under specific conditions, leading to conflicting interpretations of the law.
The High Court, presided over by Justices Prathiba M. Singh and Madhu Jain, has adjourned the case to allow further preparation and submission of written arguments by the counsels. The court has clarified that no further adjournments will be granted, and the matter will be treated as part-heard. The next hearing is scheduled for March 16, 2026.
This case also involves a challenge to the constitutional validity of Section 432 of the Companies Act. The petitioner in this matter had passed away, but the court permitted substitution with another individual to continue the case.
The outcome of this case could have significant implications for the practice rights of non-advocates in India and the interpretation of both the Advocates Act and the Companies Act.
Bottom Line:
Interpretation of the Advocates Act, 1961 vis-a-vis the Companies Act, 2013 regarding the practice rights of non-advocates like Chartered Accountants, Company Secretaries, and Cost Accountants before Tribunals.
Statutory provision(s):
Advocates Act, 1961 Sections 30, 33, 45; Companies Act, 2013 Section 432
Bar Council of India v. UOI, (Delhi)(DB) : Law Finder Doc id # 2857145
